Opinion
KA 17-00056 Indictment No. 2016-314
01-19-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN CROSBY, DEFENDANT-APPELLANT.
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Defendant having moved pursuant to CPL 230.20 for a change of venue from Oneida County Court for the prosecution of indictment number 2016-314,
Now, upon reading and filing the affidavit of John Crosby sworn to January 3, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: We conclude that defendant has not met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Oneida County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion is premature (People v Mateo, 239 AD2d 965).
Entered: January 19, 2017
Frances E. Cafarell, Clerk